Governing Documents
LegalThe complete set of legal documents that establish and regulate the HOA — CC&Rs, bylaws, rules, and the plat.
Governing documents is the collective term for all documents that legally establish and define the HOA — typically including the Declaration (CC&Rs), bylaws, any articles of incorporation (for incorporated HOAs), the recorded plat or subdivision map, and the association's rules and regulations (standing rules). Together they form the full legal framework for community governance. The hierarchy is typically: state law supersedes the declaration, the declaration supersedes the bylaws, the bylaws supersede the rules and regulations. When there is a conflict between documents at different levels, the higher-level document controls. Buyers receive a copy of the governing documents at or before closing in most states.
Understanding the full hierarchy of governing documents is essential for boards enforcing rules and for owners challenging enforcement actions. A rule adopted by the board cannot contradict the CC&Rs, which cannot contradict state law.
Frequently Asked Questions
Where can I get a copy of my HOA's governing documents?
Related Terms
CC&Rs
Covenants, Conditions, and Restrictions — the primary deed-recorded document governing what owners can and cannot do.
Bylaws
The document governing the HOA's internal operations — meetings, elections, officer duties, and board procedures.
Standing Rules
Board-adopted policies governing day-to-day community conduct that can be changed without a member vote.
Amendment
A formal change to the HOA's governing documents, requiring a member vote to ratify.
Deed Restriction
A limitation on property use written into the deed or CC&Rs and binding on all future owners.
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Start 14-Day Free TrialThis page provides general information only — not legal or financial advice. HOA laws vary by state and community. Always consult your governing documents and an HOA attorney for guidance specific to your situation.